[Congressional Record Volume 166, Number 204 (Thursday, December 3, 2020)]
[House]
[Pages H6124-H6126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LAND GRANT-MERCEDES TRADITIONAL USE RECOGNITION AND CONSULTATION ACT
Mr. CASE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3682) to provide for greater consultation between the Federal
Government and the governing bodies of land grant-mercedes and acequias
in New Mexico and to provide for a process for recognition of the
historic-traditional boundaries of land grant-mercedes, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3682
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land Grant-Mercedes
Traditional Use Recognition and Consultation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acequia.--The term ``acequia'' has the meaning of the
term ``community ditch'' as that term is construed under New
Mexico Stat. 73-2-27.
(2) Community user.--The term ``community user'' means an
heir (as defined under the laws of the State) of a qualified
land grant-merced.
(3) Governing body.--The term ``governing body'' means the
board of trustees authorized under State law with the
control, care, and management of a qualified land grant-
merced.
(4) Historical-traditional use.--The term ``historical-
traditional use'' means, for a qualified land grant-merced,
for noncommercial benefit--
(A) the use of water;
(B) religious or cultural use and protection;
(C) gathering herbs;
(D) gathering wood products;
(E) gathering flora or botanical products;
(F) grazing, to the extent that grazing has traditionally
been carried out on the land, as determined by the Secretary
concerned in consultation with the governing body of the
affected land grant-merced;
(G) hunting or fishing;
(H) soil or rock gathering; and
(I) any other traditional activity for noncommercial
benefit that--
(i) has a sustainable beneficial community use, as
determined by the Secretary concerned in consultation with
the governing body of the affected land grant-merced;
(ii) supports the long-term cultural and socioeconomic
integrity of the community, as determined by the Secretary
concerned in consultation with the governing body of the
affected land grant-merced; and
(iii) is agreed to in writing by the Secretary concerned
and the governing body of the qualified land grant-merced.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Qualified land grant-merced.--The term ``qualified land
grant-merced'' means a community land grant issued under the
laws or customs of the Government of Spain or Mexico that--
(A) is recognized under New Mexico Statutes Chapter 49 (or
a successor statute); and
(B) has a historic or cultural record of use of lands under
the jurisdiction of a Secretary concerned or their original
or patented exterior boundaries are located adjacent to land
under the jurisdiction of a Secretary concerned.
(7) Secretary concerned.--The term ``Secretary concerned''
means the relevant Secretary of the Department of Agriculture
or the Department of the Interior, with respect to land under
the jurisdiction of that Secretary.
(8) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALIFIED LAND
GRANT-MERCEDES.
(a) In General.--In accordance with all relevant laws,
including subchapter II of chapter 5 of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act'') and all applicable environmental laws, and not later
than 2 years after the date of the enactment of this Act, the
Secretary concerned, acting through the appropriate officials
of the Department of Agriculture and Department of the
Interior in the State, in consultation with the New Mexico
Land Grant Council, the governing bodies of qualified land
grant-mercedes, and Indian Tribes, shall issue the written
guidance described in subsection (b).
(b) Contents of Guidance.--
(1) In general.--Written guidance issued under subsection
(a) shall include--
(A) a description of the historical-traditional uses that--
(i) a community user or a governing body of a qualified
land grant-merced may conduct for noncommercial use on land
under the jurisdiction of the Secretary concerned; and
(ii) require a permit from the Secretary concerned;
(B) administrative procedures for obtaining a permit under
subparagraph (A);
(C) subject to subsection (c), the fees required to obtain
that permit;
(D) the permissible use of motorized and nonmotorized
vehicles and equipment by a community user or the governing
body of a qualified land grant-merced for noncommercial
historical-traditional use on land under the jurisdiction of
the Secretary concerned;
(E) the permissible use of mechanized vehicles or equipment
by a community user or governing body of a qualified land
grant-merced for historical-traditional use on land under the
jurisdiction of the Secretary concerned; and
(F) the permissible use of non-native material by a
community user or the governing body of a qualified land
grant-merced for any of the uses covered in paragraphs (2)
and (3) on land under the jurisdiction of the Secretary
concerned.
(2) Routine maintenance and minor improvements.--Written
guidance issued under subsection (a) shall address routine
maintenance and minor improvements of infrastructure owned or
used by a qualified land grant-merced on land under the
jurisdiction of the Secretary concerned, including--
(A) cleaning, repair, or replacement-in-kind of
infrastructure;
(B) maintenance and upkeep of a trail, road, cattle guard,
culvert, or fence;
(C) maintenance and upkeep of a monument or shrine;
(D) maintenance and upkeep of a community cemetery;
[[Page H6125]]
(E) maintenance and upkeep of a livestock well, water
lines, water storage container, or water tank; and
(F) any other routine maintenance or minor improvement
associated with historical-traditional uses identified by any
of the entities described in subsection (a) in the process of
developing the guidance.
(3) Major improvements.--Written guidance issued under
subsection (a) may describe the process for managing major
improvements of infrastructure owned or used by a qualified
land grant-merced on land under the jurisdiction of the
Secretary concerned, including--
(A) construction or expansion of a community water or
wastewater system;
(B) construction or major repair of a livestock well, water
lines, water storage container, or water tank;
(C) construction or major repair of a monument or shrine;
(D) installation of a cattle guard;
(E) construction of a trail, road, or fence;
(F) construction or expansion of a cemetery; and
(G) any other major improvement associated with historical-
traditional uses, as determined by the Secretaries concerned.
(4) Notice and comment.--Written guidance issued under
subsection (a) shall set forth the policies and procedures
for notice and comment on planning decisions, routine
engagement, and major Federal actions that could impact
historical-traditional uses of a qualified land grant merced,
and methods of providing notice under subsection (a),
including--
(A) online public notice;
(B) printed public notice;
(C) mail, including certified mail, and email notifications
to governing bodies through a listserv; and
(D) mail, including certified mail, and email notifications
to the Land Grant Council.
(c) Fees for Qualified Land Grant-mercedes.--Where the
Secretary concerned is authorized to consider the fiscal
capacity of the applicant in determining whether to reduce or
waive a fee for a permit for historical-traditional uses, the
Secretary shall consider--
(1) the socioeconomic conditions of community users; and
(2) the annual operating budgets of governing bodies of
qualified land grant-mercedes.
SEC. 4. CONSIDERATION OF HISTORICAL-TRADITIONAL USE IN LAND
MANAGEMENT PLANNING.
In developing, maintaining, and revising land management
plans pursuant to section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) and section 6 of the
National Forest Management Act (16 U.S.C. 1604), as
applicable, the Secretary concerned shall, in accordance with
applicable law, consider and, as appropriate, provide for and
evaluate impacts to historical-traditional uses by qualified
land grants-mercedes.
SEC. 5. SPECIAL USE PERMITS FOR ROUTINE MAINTENANCE AND MINOR
IMPROVEMENTS OF ACEQUIAS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary Agriculture shall
initiate procedures under subchapter III of chapter 5 of
title 5, United States Code, to promulgate such regulations
as are necessary to carry out and implement the Forest
Service's Acequia Guidance Document, dated July 2, 2019.
(b) Publication of Proposed Regulations.--The Secretary
shall cause to be published in the Federal Register proposed
regulations to implement this section not later than 21
months after the date of the enactment of this Act.
(c) Expiration of Authority.--The authority to promulgate
regulations under subsection (a) shall expire 30 months after
the date of the enactment of this Act.
(d) Extension of Deadlines.--The Secretary may extend, for
not more than 180 days, a deadline under subsection (b) or
(c) if--
(1) the negotiated rulemaking committee referred to in
subsection (e) concludes that the committee cannot meet the
deadline; and
(2) the Secretary so notifies the appropriate committees of
Congress.
(e) Committee.--
(1) Establishment.--The Secretary shall ensure that a
negotiated rulemaking committee is established under section
565 of title 5, United States Code, to carry out this
section.
(2) Members.--The members of the committee shall be--
(A) the relevant Regional Forester (or a designee of the
relevant Regional Forester); and
(B) the selected representative of a nongovernmental
organization identified by the Secretary of Agriculture as
having a statewide acequia membership, nominated by such
organization to the Secretary of Agriculture.
(3) Requirements.--The committee shall confer with, and
accommodate participation by--
(A) representatives of any agency or commission of the
State government established or designated by the State to
advise public officials on proposed legislation affecting
acequias; and
(B) State acequia elected officials.
(f) Effect.--The lack of promulgated regulations shall not
limit the effect of the Forest Service's Acequia Guidance
Document, dated July 2, 2019.
SEC. 6. SAVINGS.
Nothing in this Act shall be construed--
(1) to impact the State's authority to regulate water
rights, in conformance with all State and Federal laws and
regulations;
(2) to impact the State's authority to regulate the
management of game and fish, in conformance with all State
and Federal laws and regulations;
(3) to impact any valid existing rights or valid permitted
uses, including grazing permits;
(4) to create any implicit or explicit right to grazing on
Federal lands; or
(5) to alter or diminish any rights reserved for an Indian
Tribe or members of an Indian Tribe by treaty or Federal law.
SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Hawaii (Mr. Case) and the gentleman from Utah (Mr. Bishop) each will
control 20 minutes.
The Chair recognizes the gentleman from Hawaii.
General Leave
Mr. CASE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Hawaii?
There was no objection.
Mr. CASE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 3682, sponsored by our
friend and colleague, Representative Lujan of New Mexico.
This bill would support land grant communities and acequias across
New Mexico and Texas by providing guidance on certain allowable land
uses.
Since the end of the Spanish-American War and the signing of the
Treaty of Guadalupe Hidalgo, these communities have faced challenges
accessing basic resources like fuel wood and grazing land and clarity
on their infrastructure maintenance obligations.
These challenges continue to the present day, and this bill would
help provide some certainty and clarity in order to better support
these communities and hopefully improve relations with Federal land
managers.
I want to thank Representative Lujan for his tireless service and
support on behalf of land grant communities and acequia owners, and I
urge all of my colleagues to vote in support of H.R. 3682.
I reserve the balance of my time.
{time} 1900
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
I appreciate this opportunity. This bill has got one thing that I
think is going for it very heavily in that it authorizes the
opportunity of having the Federal Government being forced to actually
deal with the local community on management practices. That is
something we have been trying to get in all land management policies in
the United States. This does that, that is why we support it.
Mr. Speaker, I reserve the balance of my time.
Mr. CASE. Madam Speaker, I yield 4 minutes to the gentleman from New
Mexico (Mr. Lujan).
Mr. LUJAN. Madam Speaker, as a proud New Mexican, I rise in support
of the Land Grant-Mercedes Traditional Use Recognition and Consultation
Act that I introduced to ensure that the Federal Government recognizes
the historical and cultural significance of New Mexico's land grants
and acequias.
Growing up on a small farm in Nambe, New Mexico, I would wake up
before dawn to feed the livestock, to open the ``compuertas'' or the
headgates to allow the waters of the acequia to flow to our land and
irrigate our crops. These chores and responsibilities, preserving our
acequias and communal lands, are part of our way of life in New Mexico.
Land grants and acequias have been around for generations, hundreds
of
[[Page H6126]]
years, and they deserve recognition from the Federal Government.
Traditional communities face a growing number of challenges, such as
the climate crisis, which impacts the local watersheds and forested
areas. Without improved consultation and cooperation between the
Federal Government and traditional communities, these communities may
not have access to the resources they need to survive.
This legislation offers land grants the opportunity to be more
involved in the issues that impact their community by requiring that
future Federal land management planning consider historical and
traditional uses.
It directs the Federal Government to issue guidance on permit
requirements for qualified traditional use communities and helps New
Mexicans who have stewarded these lands for generations maintain
precious infrastructure like acequias.
This legislation recognizes the importance of protecting culturally
important sites and communities and ensures that the impact of Federal
actions on historical-traditional uses is evaluated and considered
during the land management planning processes.
To ensure that acequia associations have a strong voice in advocating
for their right to maintain their infrastructure, this legislation
requires the Forest Service to work directly with acequia associations
to develop a proposed rule on special use permits.
Addressing these challenges faced by land grant and acequia
communities, including their interactions with the Federal Government,
has been a priority of mine since I was elected to Congress.
I am proud and honored to have worked with the New Mexico Land Grant
Council and the New Mexico Acequia Association to move this legislation
forward.
I am grateful to Chairman Grijalva, Ranking Member Bishop,
Subcommittee Chair Haaland, and Ranking Member Young, and
Representative Case for their support in bringing this important
legislation to the House floor.
Today, with the support of New Mexico's traditional communities, I
urge the House to pass my legislation and ensure a victory for our land
grants and acequias.
The SPEAKER pro tempore (Ms. DeGette). Without objection, the
gentleman from Washington (Mr. Newhouse) will control the balance of
the time.
There was no objection.
Mr. NEWHOUSE. Madam Speaker, on behalf of the ranking member, I would
just like to say that we support this legislation. We certainly
appreciate our friend, Mr. Lujan, for bringing it forward.
Just a few comments I would like to make, rising in support of H.R.
3682. This bill seeks to ensure better consultation and collaboration
between our Federal land management agencies and local stakeholders
over management of New Mexico's land grants and acequias.
H.R. 3682 requires coordination between the Department of
Agriculture, the Department of the Interior, and land grant-mercedes.
These are the governing bodies of certain community land grants made by
Spain or Mexico in the 17th to the mid-19th centuries to individuals,
groups, and communities to promote the settlement of the southwestern
United States.
Specifically, this bill directs Federal land management agencies to
make these bodies aware of changes to management plans and other
Federal actions affecting their land grants. H.R. 3682 also requires
the Federal Government to issue guidance on permitting and permissible
uses.
Finally, this bill creates a process for New Mexico's land grant-
mercedes to establish their historical boundaries and provides a
pathway for acquiring Federal land that falls within those boundaries
when the Federal Government disposes of it.
We should always strive to make sure that the Federal Government is a
good neighbor to the communities most impacted by its land management
decisions, and this good bill does exactly that. It empowers rural
communities in New Mexico with a greater say over land management
decisions impacting their historically important common lands which
will, in turn, ensure continued community care and use for generations
to come.
So I support this legislation. I thank the gentleman very much for
bringing it forward, and I yield back the balance of my time.
Mr. CASE. Madam Speaker, I am very happy to yield 2 minutes to the
gentlewoman from New Mexico (Ms. Haaland), chair of the subcommittee of
jurisdiction, National Parks, Forests, and Public Lands, my friend and
colleague.
Ms. HAALAND. Madam Speaker, I rise today in support of H.R. 3682, the
Land Grant-Mercedes Traditional Use Recognition and Consultation Act.
I would like to begin by congratulating the author of the bill, my
good friend and colleague, Representative Ben Ray Lujan, and thank him
for having me as an original cosponsor.
His hard work and dedication to moving this bill forward are what got
it to the House floor today. And the testimony from Representative
Lujan from beside an acequia during our virtual hearing on the bill
helped our colleagues to understand how important this legislation is
to our constituents.
We will absolutely miss Representative Lujan when he begins service
on the other side of the Capitol in the Senate, but we look forward to
continuing to work with him on these and other issues that are
important for New Mexico and our country.
In our home State of New Mexico, land grants and acequias have long
played a critical role in our traditional way of life, practicing
traditional methods of stewardship over our land and water.
But for more than a century, these communities have fought for
recognition, consultation, and access to their historic communal lands,
which are necessary to sustain their land-based heritage and
agricultural economies.
At the hearing I chaired on this bill, we heard from Arturo Archuleta
of the New Mexico Land Grant Council about the unique connection
between traditional communities and the lands they manage, and the
challenges they face because some of the lands that formerly belonged
to them are now Federal lands.
He noted that as the climate change continues to impact watersheds
and forested uplands, the protection of traditional uses must be
included in the conversations about the management of public lands for
land grant communities to survive.
These are the same messages I have heard when I have visited land
grant communities in my district.
The bill we consider today will provide enhanced access and
consultation between Federal land management agencies and land grants
and acequias, which is an essential part for maintaining their way of
life, and I am proud to support it.
Mr. CASE. Madam Speaker, I certainly endorse and agree with my
colleague's comments on Mr. Lujan's service in the House. The House's
loss is the Senate's gain.
And I would also note that I personally enjoyed Mr. Lujan's personal
testimony from an acequia before the committee. That is the way to do
it, where you have a real sense of what the actions are that you are
taking.
I urge passage of this legislation, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Case) that the House suspend the rules and
pass the bill, H.R. 3682, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to provide
for greater consultation between the Federal Government and the
governing bodies and community users of land grant-mercedes in New
Mexico, to provide for a process for recognition of the historic-
traditional uses of land grant-mercedes, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________